Mississippi Security Deposit Law: Return Deadline, Limits, and How to Get It Back

In Mississippi, a landlord generally must return your security deposit within 45 days after the lease ends and you hand back the rental. Mississippi does not cap how much a landlord can charge for a deposit, and there is no requirement to pay interest on it. If the landlord keeps part of your money, they must give you an itemized written statement of what was deducted and why. These rules come from the Mississippi Residential Landlord and Tenant Act, found in the Mississippi Code beginning around Miss. Code Ann. § 89-8-1, with the deposit rules near § 89-8-21. Because state laws and local ordinances can change, confirm the current statute or talk to a Mississippi attorney before relying on any specific number.

How much can a Mississippi landlord charge?

Mississippi has no statutory limit on the size of a security deposit. A landlord can ask for one month's rent, two months' rent, or another amount, as long as you both agree to it in the lease. Some landlords also collect separate pet deposits or fees.

• There is no state-imposed dollar or monthly cap on the deposit.
• Read your lease carefully so you know exactly what you paid and what is refundable.
• A nonrefundable "fee" is different from a refundable "deposit" - make sure the lease labels each one clearly.

The 45-day return deadline and itemized statement

After your tenancy ends and you return possession of the unit, the landlord has 45 days to either send back your full deposit or provide a written, itemized list of any amounts withheld. If money is kept, the statement should explain each charge - for example, unpaid rent or repair of actual damage.

• The clock typically starts when the lease ends and you give up the keys.
• Always give the landlord your forwarding address in writing so the deposit and statement can reach you.
• Keep a copy of your move-out notice and any photos or video showing the condition of the unit.

What can and cannot be deducted

A Mississippi landlord may deduct for unpaid rent, the cost of repairing damage you (or your guests) caused beyond ordinary use, and other amounts the lease lawfully allows. What a landlord cannot charge you for is normal wear and tear - the gradual, expected aging that happens when someone lives in a home.

• Often deductible: unpaid rent, holes in walls, broken fixtures, pet damage, removing trash or abandoned property, and cleaning beyond a reasonable level.
• Not deductible (normal wear and tear): faded paint, minor carpet wear, small nail holes from hanging pictures, and general aging of the unit.
• If the landlord deducts for damage, they should be able to back it up with receipts, estimates, or photos.

Interest on the deposit

Mississippi law does not require landlords to hold deposits in a separate account or to pay tenants interest. If your lease promises interest or a particular handling of the money, the landlord must honor that promise, but the state itself imposes no such duty.

Penalty for wrongful withholding and how to sue

If a landlord keeps your deposit in bad faith - meaning without a legitimate reason - Mississippi law lets you recover the amount wrongfully withheld and may allow additional damages on top of that. The exact penalty amount and any attorney-fee provisions can change, so verify the current text of Miss. Code Ann. § 89-8-21 or ask a lawyer about what you can claim.

Most deposit disputes in Mississippi are handled in Justice Court, the state's small claims forum. Justice Court is designed for everyday people and currently hears civil claims up to $3,500, which covers the vast majority of deposit cases.

• First, send the landlord a polite written demand letter asking for the return and keep a copy.
• If that fails, file in the Justice Court for the county where the property is located or where the landlord can be served.
• Bring your lease, move-in and move-out photos, receipts, your written forwarding address, and any messages with the landlord.
• Filing fees are modest, and you generally do not need a lawyer for Justice Court - though legal aid or a tenant attorney is worth it if the amount is large or the landlord disputes the facts.

This article is general legal information, not legal advice. Mississippi landlord-tenant law can change and may have city or county variations, so confirm the current rules with the Mississippi Code or a Mississippi tenant/landlord attorney before you act.